"Mr Rattner has indicated the electoral commission has been taking steps to remove emails from their system," Mr Lowe said.

"If your honour is prepared to issue a warrant, that would be an appropriate step to take, as without Mr Rattner's evidence there is a significant flaw in the chain of events that can be relied on by (Ms Hanson)" he said.

In the absence of Mr Rattner giving sufficient evidence to support Ms Hanson's case, Mr Lowe said there should be a recount of all 180,000 ballot papers counted as blank votes at the March election.

"If there is any truth to that email then that is a fairly easy way of solving the problem," he said.

The NSW Electoral Commission's lawyer, Michael Izzo, said he did not deny the court had the power to order a recount.

Justice McClellan said if that was the case, all 4.6 million votes cast would need to be counted.